CN-550000-AT057.pdf

Florida Department of Transportation

RON DESANTIS

GOVERNOR

801 N. Broadway Avenue Bartow, Fl. 33830-3809

JARED W. PERDUE, P.E.

SECRETARY

Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov

July 30, 2024

Approved Reimbursable Change Order Notice

Florida Power & Light - Transmission Mr. Craig Ledbetter 15430 Endeavor Dr Jupiter, FL 33478

RE: FPID : 441562-1-52-01

UAO FPID : 441562-1-56-11

County : DeSoto

Section : 04040

SR : 70

Description : SR 70 from Peace River to SE Baker Street

Dear Mr. Ledbetter:

The enclosed reimbursable change order No 1 to Florida Power & Light’s Utility Master Agreement has been approved by the Department. This project was let to construction on March 29, 2023. You are advised to proceed with your utility work.

All relocation work must be performed in accordance with Department regulations. Final billing must be documented to support the actual work accomplished as specified by Department Procedure 710-010-130

Utility Invoicing and or any supplemental revisions. All scrapped materials will be subject to full salvage credit unless officially released by the Department.

All permits required for your agency to perform the relocation work shall be obtained 30-days prior to your agency beginning the relocation work.

This work will need to be coordinated under the direction of the Department’s local Operations Center

Engineer and must be performed in accordance with Department regulations. The actual utility work time charges are to begin on or before the FDOT contractor’s first chargeable contract day and in conjunction with your approved utility work schedule.

Any changes, revisions, deletions, or additions to the approved utility work schedule must be documented and approved by the Department.

KNOMNMC

Text Box August 1, 2024

If I can be of further assistance, please contact me at 863-519-2271 or by email daisy.mattice-cline@dot.state.fl.us.

Sincerely, District One Utilities Office

For M. Wayne Shelton District Utility Administrator

By: Daisy Mattice-Cline Utility Coordinator

Enclosures on PSEE

Approved Change Order cc: Mark Peronto, P.E., Design Project Manager & Engineer of Record Leighton Elliott, P.E., Operations Construction Engineer Charles Miller, Operations Utility Construction Coordinator Joseph Glorioso, Utility Project Manager

Project File

Approved Reimbursable CO # 1 to UAO

Revised: 4-26-21

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

UTILITY WORK ORDER CHANGE NO. 1

Financial Project ID: 441562-1-56-11 Federal Project ID: D121-032-B

County: DeSoto State Road No.: 70

District Document No: 1

Utility Agency/Owner (UAO): Florida Power & Light - Transmission

A.

1. The Agency is hereby authorized to observe the following changes in the plans and/or specifications to the subject Utility Agreement, dated 2/28/72. CO #1 is to mitigate conflicts within FPL’s easement. Such changes include the attached Appendix A incorporated by reference

2. The items of work covered by this Work Order Change are referenced to an Agreement of record dated 2/28/72, all of the terms of the Agreement noted remain the same, and no Supplemental Agreement is required.

B.

1. The Utility Relocation Work is to conform to that shown by the utility adjustment plans as:

a.☐ ATTACHED.

b.☒ INCLUDED IN THE HIGHWAY CONTRACT PLANS.

2. The cost of this Utility Work is:

a.☐ NONREIMBURSABLE b.☒ REIMBURSABLE

(1) ☒ Force Account Method

(2) ☐ Lump Sum Method

(3) ☐ Third Party Contract Method

C.

ESTIMATED COST OF WORK DUE TO THIS CHANGE:

ITEM NO. ITEM UNIT UNIT PRICE

WORK ELIMINATED (-) ADDITIONAL WORK (+)

QUANTITY AMOUNT QUANTITY AMOUNT

441562-1-56-11 UWE 6/19/24 $522,240.00

Sub-Totals............................................................................................... $522,240.00 Net Cost of Construction Changes, this order......................................... $0.00

Cost of Construction Changes, previously ordered................................. $0.00

Net Total Cost Construction Changes to Date........................................ $0.00 Contract Amount...................................................................................... $522,240.00 Estimated Cost of Work Authorized to Date............................................ $522,240.00

The terms of this Utility Work Order Change shall be binding upon the date of the last signature below:

Approved Date: Approved Date: Approved Date: Approved Date:

Signature: District Utility Coordinator

Signature: Utility Agency Representative

Signature: Division Administrator Federal Highway Administration

Signature: District Utility Engineer/Administrator

Joseph Glorioso Craig B. Ledbetter M. Wayne Shelton N/A Typed Name Typed Name Typed Name Typed Name

Docusign Envelope ID: 42B455C7-C533-4BA1-820D-DEE18F6E04E1

07/29/2024 | 1:30 PM EDT 07/30/2024 | 5:14 PM EDT 08/01/2024 | 7:46 AM EDT

REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS

(Appendix A of Assurances)

710-010-08

UTILITIES

OGC-06/24

Financial Project ID: 441562-1-56-11 Federal Project ID: D121-032-B

County: DeSoto State Road No.: 70

District Document No: 1

Utility Agency/Owner (UAO): Florida Power & Light - Transmission

During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows:

(1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination in Federally-assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations.

(3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin.

(4) “Buy America” Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision, “steel and/or iron products” means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, “domestic” means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1% of the total amount of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. The UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement.

(5) Additional “Buy America” Requirements: The UAO will comply with 2 CFR 184 as amended and 2 CFR

200.322 as amended, which includes the Buy America Preferences for Infrastructure Projects of the Build America, Buy America Act (BABA) and Domestic Preferences for Procurements. The UAO will use Manufactured Products that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements and applicable waivers. The UAO will use non-ferrous metals, plastic and polymer-based products, glass, lumber, and drywall articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements.

As used in 2 CFR 184, “construction material” means materials that are predominately non-ferrous metals, plastic and polymer-based products, glass, optical fiber, fiber optic cable, lumber, and drywall articles, materials, and supplies that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, “domestic” means construction materials that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating or as defined in 2 CFR 184. If a construction material is taken outside the United States for any manufacturing process, it becomes foreign source construction

REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS

(Appendix A of Assurances)

710-010-08

UTILITIES

OGC-06/24

material.

The UAO will retain documentation verifying compliance with the Build America, Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Build America, Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: “The UAO certifies that all products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR

635.410. The UAO certifies that all products that are predominately construction materials are domestic products in compliance with the Buy America provisions of 2 CFR 184. The UAO certifies that all manufactured products are domestic products in compliance with the Buy America provisions of 2 CFR 184 and applicable waivers.”

(6) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

(7) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

(a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or

(b) cancellation, termination or suspension of the Agreement, in whole or in part.

(8) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States.

Rule 14-46.001 F.A.C.

FLORIDA DEPARTMENT OF TRANSPORTATION

UTILITY WORK ESTIMATE

December 14, 2016

FDOT PROJECT INFORMATION

Financial Project ID: 441562-1-56-11 Federal Project ID: N/A State Road Number: 70 County: DeSoto FDOT Plans Dated: TBD District Document No.: 1

UTILITY AGENCY/OWNER (UAO)

Utility Company: Florida Power and Light Trans Job No. or Work Order No.:

UAO Project Rep: Craig Ledbetter Phone: 561.803.7952 E-mail: craig.ledbetter@fpl.com

UAO Field Rep: Dewey Jakubuwski Phone: 239.690.2733 E-mail: dewey.jakubuwski@fpl.com

SECTION A: ITEMIZED COST ESTIMATE

Item Item Cost ($) Overhead (%)

(Must use “%” or “.”

i.e. 10% or .10)

Item Cost + Overhead ($)

Preliminary Engineering 0 Right of Way Acquisition 0 Construction Engineering $39,266.17 33% $52,224.01 Construction Labor $39,266.17 33% $52,224.01 Materials and Supplies $62,825.86 33% $83,558.39 Transportation & Equipment $7,853.23 33% $10,444.80 Contract Construction $184,550.97 33% $245,452.79 Miscellaneous Expenses $58,899.25 33% $78,336.00

Total Cost Estimate => $522,240.00

SECTION B: DEDUCTIONS SECTION C: REIMBURSEMENT

Item Item Value ($) Total Cost Estimate from

SECTION A => $522,240.00

Salvage Value Total Deductions from

SECTION B => 0

Betterment

Extended Service Life

Total Reimbursement* => $522,240.00

0 *Update the estimated Total Reimbursement for changes in excess of 10%

Total Deductions =>

UTILITY SIGNATURE

UAO Rep. Date 6 / 19 / 2024 Name Craig B. Ledbetter Title Relocation Coordinator

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

AT057

7/26/2024

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 7/26/2024

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55014010106

Expansion Option: A5

Object Code: 563000

Amount: $522,240.00

Financial Project: 44156215611

Work Activity (FCT): 216

CFDA:

Fiscal Year: 2025

Budget Entity: 55150200

Category/Category Year: 088716/25

Amendment ID: W001

Sequence: 00

User Assigned ID: 001

Enc Line (6s)/Status: 0001/04

Total Amount: $522,240.00

Contract: AT057

Contract Type: AE - UTILITIES RELOCATION (UTIL RELOC)

Vendor Name: FLORIDA POWER & LIGHT CO

Vendor ID: F590247775553

Beginning Date of This Agreement: 07/25/2024

Ending Date of This Agreement: 07/25/2034

Contract Total/Budgetary Ceiling:

Method of Procurement: R - RAILROAD/UTILITIES AGREEMENT

Description: 441562-1-56-11 Florida Power & Light-Transmission Utility Relocation

Page1 of 1

To: Joseph.Glorioso@dot.state.fl.us

7/23/2024 Florida Department of Transportation Federal Authorization Management

System Notice of Approved

Modification to Federal Project Agreement from Federal Highway Administration

Federal Aid Project Number: D121 032 B State Project Number: 441562 1 52 01

The Project Agreement for the above-referenced project entered into between the undersigned parties and executed by the Division Administrator on 2/3/2022 is hereby modified as follows:

Project Location:SR 70 FROM PEACE RIVER TO SE BAKER STREET;FLEXIBLE PAVEMENT

RECONSTRUCT.;CONSTRUCTION

Dist.Appr. FAIN Urban/ With

Revised Total Cost

Revised Federal Share

Revised Federal

Funds Under

Agreement

Revised Advanced

Construction

01 Y236693JJ22330000Y236FLD121032 7,746,288.00100.0% 7,746,288.00 0.00

01 Y240693JJ22330000Y240FLD121032 3,792,336.00100.0% 567,040.003,225,296.00

01 Y800693JJ22330000Y800FLD121032 8,693,848.00100.0% 8,668,848.00 0.00

01 Z001693JJ22230000Z001FLD121032 2,626,762.00100.0% 1,122,738.00 0.00

01 Z920693JJ22230000Z920FLD121032 424,128.00100.0% 373,842.00 0.00

Department of Transportation Available funds certified by: ASHLEY MELTON Date:7/16/2024 Approval recommended by: DAWN RUDOLPH Date:7/17/2024 Approved and Authorized by: FORNICHER NIXSON Date:7/18/2024

Federal Highway Administration Approval Recommended by: Nicholaus Young Date:7/23/2024 Approved and Authorized by: Nicholaus Young Date:7/23/2024 Agreement Approved by: Andrea Sistrunk Date:7/23/2024

State remarks:

MODIFY Y240 (+)4,800 IN HOUSE CEI, Y240 (+)522,240 UTILITIES. UPDATE

ASSOCIATED FUNDS. (FAC/NOMINAL RATES) = (Y001/81.93%) (Y236/81.93%)

(Y237/81.93%) (Y240/81.93%) (Y800/80%) (Z001/81.93%) (Z920/81.93%) SOFT

MATCH AMT = $6,859,480

Division remarks:

2/3/2022: Federal Share (10.57%) State Share (89.43%) PA1/5/2023: STIP Amend, Re-bid. Federal Share (84.48%) State Share (18.52%)

All other terms and conditions of the Project Agreement will remain in full force and effect.

This Notice of Approved Modification is not the official FHWA Project Agreement Modification for the project designated above. The official Project Agreement Modification must be printed from FHWA's Fiscal Management Information System

(FMIS). The District Federal Aid Coordinator may obtain the Project Agreement at: https://fhwaapps.fhwa.dot.gov/ https://fhwaapps.fhwa.dot.gov/

Clark, Mike

From: Conway, Don

Sent: Thursday, May 30, 2024 11:29 AM

To: Clark, Mike

Cc: Shelton, Wayne; Glorioso, Joseph

Subject: RE: 441562-1 SR 70 From Peace River to SE Baker St. DeSoto County - FPL Transmission

Compensable Relocation Review

Mike, As the utility pole in question is outside of FDOT ROW, as long as the EOR certifies conflict, relocation work is compensable.

Thanks

Don Conway Senior Attorney Florida Department of Transportation Office of the General Counsel 801 N. Broadway Avenue Bartow, Florida 33830 Phone: (863) 519-2623

Contact me in Teams https://teams.microsoft.com/l/chat/0/0?users=don.conway@dot.state.fl.us

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you.

From: Clark, Mike <Mike.Clark@dot.state.fl.us> Sent: Thursday, May 30, 2024 11:26 AM To: Conway, Don <Don.Conway@dot.state.fl.us> Cc: Shelton, Wayne <Wayne.Shelton@dot.state.fl.us>; Glorioso, Joseph <Joseph.Glorioso@dot.state.fl.us> Subject: RE: 441562-1 SR 70 From Peace River to SE Baker St. DeSoto County - FPL Transmission Compensable Relocation Review

Don, As a result of our meeting, it my understanding FPL is compensable for relocation required due to conflict with construction within their easement. Please confirm.

Thanks